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Record #153746:

The moral foundation for the disqualification of aboriginal peoples' proprietary rights to land and political sovereignty / Nils Oskal.

Title: The moral foundation for the disqualification of aboriginal peoples' proprietary rights to land and political sovereignty / Nils Oskal.
Author(s): Oskal, Nils.
Date: 1999.
Publisher: Tromsø: Centre for Saami Studies, UiT
In: On customary law and the Saami rights process in Norway. (1999.),
Abstract: Article is based on project on reindeer herding's customs and rights in Finnmark. It assumes that indigenous people have no custom, so cannot have institutional outworking of it, starting from John Locke's ideas. He held that ownership was fundamental human right, but aboriginals and nomads have no such rights over grazing. However, sovereignty cannot be transferred without consent of those affected, except in above two cases. He built on three premises: commercial agriculture is essential for land rights; aboriginals lack custom and political institutions; so they are not qualified for recognition in such activity. So there is no need to base general principles for ownership and transfer of sovereignty in European dealings with aboriginals. No one since has improved Locke's argument.
Notes:

In: On customary law and the Saami rights process in Norway / Tom G. Svensson, ed.

Keywords: 1 -- Philosophy.
39 -- Ethnography: Saami.
342.72/.73 -- Civil rights.
J -- Social sciences.
(*3) -- Arctic regions.
(*582) -- Finnmark.
SPRI record no.: 153746

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520 3# ‡aArticle is based on project on reindeer herding's customs and rights in Finnmark. It assumes that indigenous people have no custom, so cannot have institutional outworking of it, starting from John Locke's ideas. He held that ownership was fundamental human right, but aboriginals and nomads have no such rights over grazing. However, sovereignty cannot be transferred without consent of those affected, except in above two cases. He built on three premises: commercial agriculture is essential for land rights; aboriginals lack custom and political institutions; so they are not qualified for recognition in such activity. So there is no need to base general principles for ownership and transfer of sovereignty in European dealings with aboriginals. No one since has improved Locke's argument.
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650 07 ‡a342.72/.73 -- Civil rights.‡2udc
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651 #7 ‡a(*582) -- Finnmark.‡2udc
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